On The Perfection Of Environmental Resources Trial In China

The caseload of environmental resources has been showing a trend of rapid growth, in recent years. The severe environmental pollution had seriously affected the life quality of the public, and had become a social unstable factor. The study of improving the trial of environmental resources is an objective need for the construction of ecological civilization in China, and also an internal drive to respond to the new expectations of the public for environmental justice.However, there are still many difficulties in the practice trial experience of environmental resources in China, which have hindered the realization of the legislation purpose and are not conducive to the protection of public environmental right. Thus, we need to learn from foreign experience and domestic experience of the intellectual property trial. According to the characteristics of environmental cases and combining with the national conditions, the United States had developed the environmental citizen suits, which explored a lot in the aspects of broadening the criteria of the plaintiffs' qualification, establishing notice procedure before trial, applying the clause of counsel fee transfer, etc.,which achieved remarkable success. The land and environment court was set up in New South Wales, Australia. Comprehensive and centralized jurisdiction was adopted in the case acceptance. The expert witness system was applied in the procedural rules, and good judicial results were achieved. The intellectual property rights trial in China has developed rapidly. It has not only set up a special intellectual property court in Beijing, Shanghai and Guangzhou, but also spread out the "three in one" work throughout the country. In addition, intellectual property trials have accumulated a lot of experience on the improvement of judicial system, such as the establishment of communication mechanism with relevant departments, creating a professional intellectual property trial team and regularly publishing cases of intellectual property rights etc.This article expounds the development of the environmental resources trial in China on two aspects: the improvement of the legal system and the establishment of the specialized judicial department.Thanks to the strong support of the state and the public enthusiasm for environmental protection, the achievements of environmental resources trial have been obvious to all. However, the trial of environmental resources started late and the protection is insufficient, and it cannot give full play to the function of maintaining environmental justice. Therefore,the current environmental resources trial is still in a dilemma about incompetent, weak and insufficient, and so on. It is urgent to reform the legal system so as to perfect the trial system of environmental resources.The environmental problem is one of the problems of globalization, the United Nations Conference on the human environment is considered to be an important milepost of the international society attaches great importance to the protection of the ecological environment; it marks the beginning of the era of global ecological conscience and the real awakening. Looking around the west, many countries have enacted a large number of domestic environmental laws before and after the end of 1970s. The continuous improvement of the trial system of environmental resources is worthy of our reference. In China, the intellectual property rights have developed into the advanced ranks in the world, which with a basis almost of nothing, the mature technology and advanced experience in the judicial system, provide a reference for the improvement of the environment resource trial of China. At the end of the article, the author proposed the establishment of environmental resources and trial centralized jurisdiction under the jurisdiction of the trial mode in order to improve the environmental resources division layout, by setting the plaintiff pre-notification procedure, environmental litigation costs allocation system to improve the rules of environmental resources trial.In addition, the author suggests that we should improve the system of environmental public interest litigation from the aspects of continuing to relax the plaintiff qualification and attaching importance to the environmental administrative public interest litigation, and establishing the Coordination and Cohesion Mechanism between the administrative departments and the procuratorial departments.